This Customer Service Agreement (“Agreement”) is a legal agreement between you (“Customer”) and SNAP REMEDY (“SNAP REMEDY”). Your access to the Site (defined below) and our services, including technical support service provider (“Expert”) access, diagnostics, and repair to your computer systems (“Expert Services”) and cloud backup, antivirus, and password management (“Premium Services”) are governed by the policies, terms and conditions below. For convenience, we refer to the SNAP REMEDY website and any content therein provided by SNAP REMEDY as the “Site”, and we refer to any desktop sharing session or other communications you have via the Internet or telephone related to your SNAP REMEDY account with the Experts as “e-Support” and we refer to any technical support services you may receive from an Expert (including e-Support ) and their listings on the Site as “Expert Services.”
This Agreement limits SNAP REMEDY's liability and obligations to you and allows SNAP REMEDY to change, suspend or terminate your access to and use of the Site, e-Support, your SNAP REMEDY account and Expert Services and Premium Services in its sole discretion. We urge you to carefully read this Agreement and all policies referenced herein or elsewhere on the Site, which are incorporated herein by reference and form part of this Agreement.
YOU UNDERSTAND THAT BY SELECTING THE “I accept Snap Remedy’s Terms and Privacy Policy” CHECKBOX AND/OR CLICKING THE “AGREE & JOIN” OR “CONTINUE” BUTTONS, HTML HYPERLINK, OR BY USING THE SITE, OR BY USING ANY EXPERT SERVICES OR PREMIUM SERVICES, OR BY OBTAINING A SNAP REMEDY ACCOUNT, OR BY HAVING ANY FORM OF COMMUNICATION WITH AN EXPERT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU ARE PROHIBITED FROM ACCESSING THE SITE AND EXPERT SERVICES.
1. Eligibility; Limitations on Service
The Site and Expert Services are only available to persons who are at least eighteen (18) years old (an “Adult”). SNAP REMEDY shall only be responsible for work arrangements made directly and in writing and mutually-agreed upon between SNAP REMEDY and customers. Experts, employees, engineers, managers and any other representatives of SNAP REMEDY act solely in a limited and strictly-defined relationship as independent contractors for SNAP REMEDY, and SNAP REMEDY shall in no way be liable or responsible for any relationships or arrangements made between customers and experts, nor for any offers extended by experts that are not made directly and in writing by SNAP REMEDY itself.
SNAP REMEDY MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE ACCESS TO THE SITE AND/OR SNAP REMEDY SERVICES TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, WHEN YOUR TECHNICAL NEEDS ARE UNUSUAL OR REQUIRING A HIGH LEVEL OF THIRD-PARTY MANUFACTURER, VENDOR, OR DEVELOPER-SPECIFIC EXPERTISE, OR BEYOND THE SCOPE OF WHAT IS INTENDED BY SNAP REMEDY AS DETERMINED BY SNAP REMEDY IN ITS SOLE DISCRETION.
a. Desktop Sharing Services
An Expert may request that a desktop sharing session be initiated in order to provide Expert Services to you. To engage in a desktop sharing session you will have to: (i) download and install a third party desktop sharing software application (“Sharing Software”) subject to the terms and conditions of the software provider’s license agreement; and (ii) provide the Expert access to your computer using the Sharing Software. You must agree to allow access to your computer to enable the Expert to provide you Expert Services. If you do not, the Expert will not be able to provide you with the Expert Service in question.
SNAP REMEDY confirms that the Sharing Software will not install or copy any files, programs or otherwise either to or from the desktop without explicit permission from the Customer. All programs and tools used by Experts will be run through the Experts’ access, unless such installation has been requested as a part of SNAP REMEDY services. THE SHARING SOFTWARE (NOR ANY OTHER SOFTWARE USED IN CONNECTION WITH THE PERFORMANCE OF SNAP REMEDY SERVICES) IS NOT SPYWARE, ADWARE, OR MALWARE. IF YOU DOWNLOAD, INSTALL OR USE THE SHARING SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE SHARING SOFTWARE IS WITH YOUR FULL CONSENT AND KNOWLEDGE THEREOF.
b. Communications
To ensure quality service and maximal safety for customers, communication regarding SNAP REMEDY and its services shall be in writing (either by email or Customer initiation through our Site) or by telephone. SNAP REMEDY shall in no way be liable or responsible for any relationships or arrangements made between customers and Experts, nor for any offers extended by Experts that are not made directly and in writing by SNAP REMEDY itself.
c. Minimum System Requirements for Expert Services
To partake of Expert Services you must have a validly licensed and working personal computer with the following suggested meeting the following minimum requirements:
- An operating system and web browser that is currently supported, along with applications and other software that are still maintained by the vendor. Software that is no longer maintained by the vendor has no guarantee of being supported by our Experts.
- All peripherals must be in good working condition and spyware free.
- A working Internet connection and ability to download and install sharing software is also required, although an Expert may elect to attempt to aid you over the phone and/or by using screen-shot photos uploaded to our ticketing or email systems for visibility into the issue.
If you do not have a validly licensed and working personal computer meeting the suggested minimum requirements, please contact an Expert to discuss the services SNAP REMEDY may be able to provide to you.
2. SNAP REMEDY Accounts and Use of the Site
a. When you register with SNAP REMEDY and set up your account, you must:
i. provide SNAP REMEDY with accurate and complete information, including without limitation, your name, address, telephone number, a valid credit card number and any other necessary account information; and
ii. update your account information with any new information within thirty (30) days of changes to such information. Further, you will not use false identities or impersonate any other person or use a name that you are not authorized to use. Read our Privacy Policy at [www.snapremedy.com/privacy-policy] for information about our policies and procedures regarding the collection, use and disclosure of Personal Information.
b. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your SNAP REMEDY account, whether or not you have authorized such activities or actions. You agree to notify SNAP REMEDY of any unauthorized use of your SNAP REMEDY account or any other breach of security immediately should such use become known to, or suspected by, you. In the event that your username or password is stolen, notify SNAP REMEDY immediately so that a new username or password can be created. Please also use the “password reminder” process made available at the log-in page.
c. You agree that you will not permit, enable, introduce or facilitate:
i. persons who do not have a SNAP REMEDY account to have access to or use of the Expert Services; and
ii. other customers to use a specific Expert Service through your SNAP REMEDY account, including at the same time that you are doing so.
3. Transaction Fees and Billing
SNAP REMEDY's charges and billing practices are customer-specific, and you will agree to said charges prior to Services commencing.
a. Customers who sign up for a Yearly Plan may be billed monthly or yearly for their subscription, as indicated at the time of purchase. Buying a yearly plan that is billed monthly constitutes an agreement that you will continue to pay the subscription fees as outlined at the time of purchase, and fees may apply, including and up to the remainder of the subscription fees agreed to over the year, should you cancel before the agreed upon time frame of a year has passed.
b. Monthly customers who have not signed up for the entire year, as well as customers who downgrade their service(s) or plans, including Premium services, to a less expensive one, who decide to cancel will not be given partial or pro-rated refunds for the remainder of the month in which cancellation occurs.
c. Customers who upgrade services or plans or who purchase additional Premium Services will be billed a pro-rated amount for the remainder of the calendar month in which this occurs, with the fill price being charged on their anniversary date thereafter, immediately upon such upgrade or additional purchase.
d. In the event that you exceed your storage limit in using the Backup Premium Service, your account will automatically and immediately be charged as outlined above for the next tier of service based on an upgrade for that usage, and you shall be charged that rate thereafter until such a time that your data limit decreases below the threshold of the original tier or service and you notify Snap Remedy of your with to downgrade, as outlined above.
e. You must provide current, complete, and accurate profile information, including but not limited to full name, billing address, residential address, email, phone number, and credit card information for both support and billing purposes, and you must promptly notify Snap Remedy and its Payment Processor if such information changes or you wish to change your billing information.
f. You must promptly notify Snap Remedy and its Payment Processor in the event of a credit card expiry, cancellation, loss or theft, or if you become aware of a potential security breach in terms of your Snap Remedy account or payment method.
g. By accepting these Terms and Conditions you agree that:
i. you are authorized to use the payment method used to purchase the services, that any payment information you provide is true, current and accurate, and that your payment method account is in good standing and will remain so for the duration of your use of our services,
ii. you authorize Snap Remedy to make charges to your chosen payment method for any one-time or subscription services you agree to at the time of commencement of your account, and/or as outlined herein, and
iii. once you agree to purchase of a service, Snap Remedy may bill you:
1. in advance,
2. immediately upon purchase,
3. shortly after purchase of the service(s),
4. separately or in a lump sum for services,
5. multiple fees and/or billing periods at the same time for accounts that are in arrears and/or have past billing periods that have not at that time been processed, and/or
6. on a recurring basis for subscription service(s).
h. Subscription fees are generally charged in advance for the applicable time period Snap Remedy or third-party services are made available.
i. Should a charge from Snap Remedy and/or its payment processor for a billing period be rejected, denied or declined, Snap Remedy, its payment processor, and third party partners reserve the right to collect any thusly returned fees, payment rejection, or insufficient funds, including such use of third party collection agencies or credit bureaus as Snap Remedy deems appropriate and the account shall be considered in arrears. Services will immediately be unavailable and the account suspended, as outlined below, until such a time as the account information is updated and rectified and all payments due made. At their discretion and after a period of time they deem commercially reasonable Snap Remedy reserves the right to Terminate or Suspend the account as outlined below.
Subscriptions for Expert Services, Plans, and Premium Services shall automatically renew until such a time that the account is terminated or cancelled as outlined below. Snap Remedy may continue billing under such an automatic renewal after the initial service period and into the renewed service period.
4. Termination or Suspension of the Site & Modification of this Agreement
a. SNAP REMEDY reserves the right, in its sole discretion, to modify, suspend, discontinue or terminate access to the Site or service or to modify or terminate this Agreement at any time without advance notice. If we modify this Agreement (or any policies incorporated herein) we will give you notice via the email address on file of the new terms. If any modification to the Site, services or this Agreement is not acceptable to you, your only recourse is to cease using the Site and any Expert Services[C4] and Premium Services, as well as ceasing use of third-party applications used in Premium Services.—you would still be responsible for charges incurred for services rendered[C5] . Your use of the Site or any Expert Services or Premium Services after[C6] we have provided such notice will represent your acceptance of the new terms. Notwithstanding the foregoing, the Site and any associated Expert Services or Premium Services shall be unavailable every Saturday from 2:00 a.m. (EST) to 5:00 a.m. (EST) for maintenance, updates and such other modifications as deemed required by SNAP REMEDY.
b. Without limiting other remedies, SNAP REMEDY may at any time suspend or terminate your SNAP REMEDY account and refuse to provide access to the Site or Expert Services without reason or notice bring provided to you. Such termination or suspension amounts to a termination of this Agreement by SNAP REMEDY. In addition, SNAP REMEDY may notify the authorities or take any actions it deems appropriate without notice being provided to you:
i. if SNAP REMEDY suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by SNAP REMEDY;
ii. if SNAP REMEDY is unable to verify or authenticate any billing or payment information you provide to SNAP REMEDY; or
iii. if SNAP REMEDY suspects that your actions may be illegal or cause liability, harm or disruption for you, Experts, SNAP REMEDY, other Customers, the Site or any other third parties.
c. You may cancel your SNAP REMEDY account at any time for any reason. To request a cancellation, please contact SNAP REMEDY at 1-888-SNAPFIX (1-888-762-7349) and we will terminate the account as quickly as possible, and no longer than within fifteen (15) days of receipt of such a request by SNAP REMEDY. Upon termination or cancellation of an account, your right to use such account and any Expert Services or Premium Services ceases immediately, and you agree that at such time you will agree to a window of time convenient both to you and to SNAP REMEDY during which an Expert may access any and all of the devices that have used the Site, Expert Services or Premium Services so that the Expert may remove any software, including that used for troubleshooting or monitoring purposes and the third-party software that is used in Premium Services, and data that has been created or installed by Snap Remedy.
d. Any suspension, termination or cancellation will not affect your obligation to pay any amounts that are due to Experts and/or SNAP REMEDY, or any of your other obligations to SNAP REMEDY under this Agreement. The following provisions will survive any termination of this Agreement or suspension or cancellation of your account: 2, 5(d), 8(b), 9-13, 15, 16, and 18.
e. Any suspension, termination or cancellation, either by you or by SNAP REMEDY, requires that you allow a SNAP REMEDY Expert to uninstall any software that has been used, provided or purchased as part of the Site or Expert Services, including remote access and troubleshooting software, as well as any third party software used for Premium Services. You must contact SNAP REMEDY by email or phone within seven (7) days of such termination to arrange a window of time convenient to both you and SNAP REMEDY during which an Expert will remove from any and all of your devices any and all software that has been provided as part of the Site, Expert Services or Premium services. If you fail to agree to and facilitate such software and data removal, you agree that SNAP REMEDY may continue charging you for any use of the Site, Expert Services or Premium Services under your billing account on record and to pursue any course of action required should such billing account not be up-to-date or available for charging purposes, and SNAP REMEDY may notify the authorities or take any actions it deems appropriate without notice until such a time that we are satisfied that all software and data associated with the Site, Expert Services and Premium Services have been removed.
f. Upon termination or cancellation, Snap Remedy may, after a commercially reasonable period of time, delete any customer data that resides on our servers or those of our third-party partners, including but not limited to: usage, ticket, expert interaction, profile, login and password, and other such data that may be created or uploaded by Snap Remedy or the customer pertaining to the account. Data such as backups or password vaults that are populated by the customer as part of our Premium Services will be deleted in this manner, as well. Snap Remedy may, at your request and should it prove commercially feasible, provide to you this data or access to your account to recover it upon termination or cancellation, assuming such request is made within seven (7) days of the account being closed.
5. Interaction with Experts and Use of Expert Services
a. SNAP REMEDY reserves the right to review and/or record e-Support and all other kinds of Services provision exchanges and communications, in accordance with applicable law, in order to evaluate compliance with this Agreement and act accordingly. If you ever believe that another Customer or Expert has violated the law and/or is defrauding, threatening or endangering anyone, SNAP REMEDY urges you to immediately contact the police.
b. SNAP REMEDY uses Zendesk for the purposes of support ticketing. By using SNAP REMEDY services, you agree to Zendesk’s Terms of Use and Privacy Policy.
c. SNAP REMEDY may use additional third party software and/or platforms in the course of providing Expert Services. The use of any additional third party software and/or platforms will be discussed with and approved by Customer before use. By agreeing to the use of any additional third party software and/or platform, you agree to be bound by any Terms of Use and/or Privacy Policy of these providers.
6. Third Party Software
a. SNAP REMEDY uses third parties to provide Expert Services. These include but are not limited to; ConnectWise services (www.connectwise.com), iolo System Mechanic (www.iolo.com) and Trend Micro (www.trendmicro.com). By creating an account with SNAP REMEDY, you agree to be bound by any Terms of Use and/or Privacy Policy of each of these platforms.
b. SNAP REMEDY uses third parties to provide Premium Services. These include but are not limited to; iDrive (www.idrive.com/canada), Amazon Web Services [AWS] (aws.amazon.com/canada/),Trend Micro (www.trendmicro.com) and Lastpass Password Management (www.lastpass.com). By creating a premium account with SNAP REMEDY, you agree to be bound by any Terms of Use and/or Privacy Policy of each of these providers.
c. SNAP REMEDY may use additional third party software and/or platforms in the course of providing Expert Services. The use of any additional third party software and/or platforms will be discussed with and approved by Customer before use. By agreeing to the use of any additional third party software and/or platform, you agree to be bound by any Terms of Use and/or Privacy Policy of these providers.
d. Neither SNAP REMEDY, nor any of its Experts or third party affiliates, shall, under no circumstances, be liable for any direct, indirect, incidental, punitive, special, economic or consequential damages (including, but not limited to, loss of profits or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security, property damage or any other foreseeable or unforeseeable loss, however caused) that result from, or related directly or indirectly to the performance of SNAP REMEDY’s Expert Services and/Premium Services.
7. Additional Customer Obligations
The Site and Expert Services may only be used and accessed for lawful purposes. You agree to abide by all applicable laws, treatises and regulations in connection with the Site and use of Expert Services. In addition, without limitation, you agree to comply with the following:
a. You are solely responsible for all equipment necessary to access and use the Site and Expert Services. You understand and agree that prior to your use of any Expert Services it is your responsibility to back-up the data, software, information or other files stored on your computer, its disks and drives. SNAP REMEDY will not be responsible under any circumstances for any loss or corruption of data and software.
b. You will not record or otherwise store any Expert Service sessions that you receive through the Site or those that are related to your SNAP REMEDY account. SNAP REMEDY and or the Experts may however record these sessions, in compliance with applicable law.
c. You will not use the Site or Expert Services to upload, post, email or otherwise transmit any materials or content that contain software viruses or any other computer code, files or programs designed to:
i. interrupt, destroy or limit the functionality of any computer software; or
ii. interfere with the access of any Customer, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site.
d. You will not use the Site or Expert Services for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of SNAP REMEDY and you will cooperate fully with SNAP REMEDY to investigate any suspected unlawful, fraudulent or improper activity.
e. Except for in-home or in-office visits you will conduct all for-fee communications that you have with Experts only through the Site and/or telephone. You will not circumvent or attempt to circumvent the Site and/or telephone using third-party payment services or otherwise.
f. You will not create obscene, offensive, tasteless, defamatory or hateful screen names, or use such obscene, offensive, tasteless, defamatory or hateful content on the Site or in connection with your use of Expert Services.
g. You will not use the Site or Expert Services in any manner that harasses an Expert or another customer or could interfere with any other party’s use or enjoyment of the Site and Expert Services. You will respect the privacy of others and not use the Site or Expert Services for unwelcome, rude or abusive communications or in any other manner as determined by SNAP REMEDY in its sole discretion.
h. You will not attempt to gain unauthorized access to any SNAP REMEDY account information, computer systems or networks associated with the Site. You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
i. You will not "frame," "mirror" or otherwise copy any portion of the Site.
j. You will not use the Site or Expert Services to promote or provide any product or services related to claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly”). You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
k. You will not use the Site or Expert Services to transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit solicitation for employees, consultants, or contractors for participation on other websites.
l. You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or SNAP REMEDY services.
m. You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and SNAP REMEDY policies.
8. Customer Comments & Feedback
a. Customer Comments
At the end of each session with an Expert, you have the opportunity to leave feedback and make comments about your experience with the Experts with whom you have interacted (“Customer Comments”) by filling out the customer comment form provided to you at the end of a session. SNAP REMEDY advises you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. SNAP REMEDY does not monitor or censor comments that are provided by Customers and disclaims any and all liability relating thereto. Notwithstanding the foregoing, SNAP REMEDY does reserve the right, in its sole discretion, to remove any Customer Comments that it deems to be inconsistent with the online activities that are permitted under this Agreement.
b. Feedback
We invite you to provide SNAP REMEDY with feedback, comments and suggestions for improvements to the Site and Expert Services (collectively, “Feedback”). You may submit Feedback by filling out a feedback form made available on the Site or via email or other means as well as after a support session is completed. You acknowledge and agree that all Customer Comments and all Feedback will be the sole and exclusive property of SNAP REMEDY. You hereby assign to SNAP REMEDY and agree to assign to SNAP REMEDY all of your right, title and interest in and to all Customer Comments and Feedback, including all moral and intellectual property rights therein. At SNAP REMEDY’s request and expense, you will execute documents and take such further acts as SNAP REMEDY may reasonably request to assist SNAP REMEDY to acquire, perfect and maintain its intellectual property rights and other legal protections for the Customer Comments and Feedback.
9. Confidentiality
“Confidential Information” means:
Any SNAP REMEDY business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to business opportunities or research and development. Confidential Information excludes any information that:
a. is or becomes generally known to the public other than as a result of your breach of this Agreement;
b. is rightfully known to you at the time of disclosure without restrictions on use or disclosure;
c. is independently developed by you, without access to or use of any Confidential Information; or
d. is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure.
You will maintain all Confidential Information in strict confidence and will not disclose any Confidential Information to any third party. You will not use Confidential Information, except as necessary for the performance of this Agreement.
10. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SNAP REMEDY, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR EXPERT SERVICES, (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF SNAP REMEDY) INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, SNAP REMEDY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT, OR ACTION.
11. Warranties and Disclaimer
AS BETWEEN YOU AND SNAP REMEDY, THE SITE AND ANY EXPERT SERVICES, PREMIUM SERVICES, THIRD PARTY SOFTWARE, OR GOODS OBTAINED THROUGH THE SITE OR OTHERWISE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. SNAP REMEDY AND SUPPLIERS TO SNAP REMEDY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, EXPERT SERVICES, PREMIUM SERVICES, THIRD PARTY SOFTWARE, AND ALL COMMUNICATIONS BETWEEN EXPERTS AND CUSTOMERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, SNAP REMEDY makes no representation or warranty that the Site or any third party software and/or platform will be error free OR THAT ANY ERRORS WILL BE CORRECTED. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SNAP REMEDY OR PERSONS/ENTITIES WORKING ON SNAP REMEDY’S BEHALF, INCLUDING EXPERTS AND THIRD PARTIES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR EXPERT OR PREMIUM SERVICES, INCLUDING, WITHOUT LIMITATION, LOST OR CORRUPTED DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCTS OR INJURY OR DAMAGES RESULTING FROM USE OF THE EXPERT SERVICES AND/OR PREMIUM SERVICES, INCLUDING, WITHOUT LIMITATION, WHETHER YOU CHOOSE TO MEET WITH AN EXPERT IN PERSON. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SNAP REMEDY AND PERSONS/ENTITIES WORKING ON SNAP REMEDY’S BEHALF AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND EXPERT SERVICES AND/OR PREMIUM SERVICES PROVIDED, OR NOT PROVIDED TO YOU, WILL NOT EXCEED THE TOTAL FEES ACTUALLY COLLECTED FROM YOU BY SNAP REMEDY UNDER THIS AGREEMENT (AFTER PAYMENTS TO EXPERTS AND OTHER THIRD PARTIES) IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. SNAP REMEDY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE AND THE PROVISION OF EXPERT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. Copyrighted Materials: No Unauthorized Use
You will not use the Site or Expert Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. SNAP REMEDY has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Should any Expert, employee, manager, agent or representative of SNAP REMEDY suspect that any Customer device or computer contains pirated or illegally obtained software, we reserve the right to suspend, refuse or terminate service, at our sole discretion, until such time as the pirated or illegally obtained software is removed from such device or computer. This includes, but is not limited to, suspension of Expert Services and/or Premium Services, refusal of Expert Services and/or Premium Services, and termination of your SNAP REMEDY account.
14. Force Majeure
SNAP REMEDY will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion, failure or delay in the performance of any third party whose services SNAP REMEDY uses in the course of providing either Expert Services or Premium Services, or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the SNAP REMEDY infrastructure or connectivity to the Internet or failure at a SNAP REMEDY co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, SNAP REMEDY will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
15. Notice; Consent to Electronic Notice
You consent to the use of:
a. electronic means to complete this Agreement, to use the Site and Expert Services and to deliver to you any notices pursuant to this Agreement, and
b. electronic records to store information related to this Agreement or your use of the Site and Expert Services.
Any notice or other communication to be given hereunder will be in writing and given:
a. by SNAP REMEDY via email (in each case to the address that you provide);
b. SNAP REMEDY via a posting on the Site; or
c. you via our www.snapremedy.com/contact form or to addresses as SNAP REMEDY may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. You can request a copy in paper form of this Agreement and any other records relating to this Agreement or your use of the Site and Expert Services by sending a written request to SNAP REMEDY using the www.snapremedy.com/contact form.
16. Links to other Websites
The Site may provide links to websites other than SNAP REMEDY’s. Such links are provided for reference only, and SNAP REMEDY neither controls such websites nor endorses any of the material on any such websites or any association with their operators. SNAP REMEDY accepts no liability whatsoever arising, directly or indirectly, as a result of you visiting any of the links provided by SNAP REMEDY for reference only.
17. Miscellaneous
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of SNAP REMEDY and any prohibited assignment will be null and void. SNAP REMEDY may assign this Agreement or any rights hereunder without your consent. The relationship of the parties under this Agreement is that of independent contractors, and this Agreement will not be construed to imply that either party is the Agent, employee, or joint venturer of the other. This Agreement will be governed by and interpreted in accordance with the laws of the province of Ontario Except where prohibited by applicable law, any controversy, claim, or dispute arising out of or relating to this Agreement, your use of any SNAP REMEDY service (including but not limited to the Site, your account, and the Expert Services) will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy, or dispute of any other party. You agree that this Agreement and the rules, restrictions and policies contained herein, and SNAP REMEDY’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and SNAP REMEDY. This Agreement together with the rules and policies of SNAP REMEDY constitutes the entire agreement between SNAP REMEDY and you with respect to the subject matter hereof.
